38Development may be carried out with consent

#### 38 Development may be carried out with consent 38 Development may be carried out with consent > > (1) Development to which this Division applies may be carried out with consent. > > > (2) Development consent must not be granted under this Division unless the consent authority is satisfied that— > > > > > (a) the Planning Secretary has certified in a site compatibility certificate that, in the Planning Secretary’s opinion, the residential flat building is compatible with the surrounding land uses, and > > > > > (b) if the development relates to a building on land in a business zone—no part of the ground floor of the building that fronts a street will be used for residential purposes unless another environmental planning instrument permits the use. > > > (3) Nothing in this section prevents a consent authority from— > > > > > (a) consenting to development on a site by reference to site and design features that are more stringent than the ones identified in a site compatibility certificate for the same site, or > > > > > (b) refusing consent to development by reference to the consent authority’s own assessment of the compatibility of the residential flat building with the surrounding land uses, or > > > > > (c) considering another matter in determining a development application. > > > (4) Car parking is not required to be provided in relation to development to which this Division applies other than in relation to the tenanted component of a residential flat building used as build-to-rent housing. > > > > Note— > > > > Section 74(2)(d) and (e) contain non-discretionary development standards for car parking in relation to development for the purposes of build-to-rent housing. > > **s 38:** Am 2022 (99), Sch 1\[2\] \[3\].